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Forced Marriage Scottish statutory guidance



1. http://www.legislation.gov.uk/asp/2011/15/contents

2. In accordance with the Registration of Independent Schools (Scotland) Regulations 2006: http://www.legislation.gov.uk/ssi/2006/324/contents/made the registration application includes a requirement that registered schools have in place appropriate child protection policies and procedures. Registered schools are required to ensure that they have up-to-date safeguarding polices and procedures and that all staff are trained as necessary. The breadth and detail of the procedures should be in line with national guidelines and can be adjusted to reflect the specific type of school.

3. http://www.legislation.gov.uk/asp/2007/10/contents

4. See definitions in Annex B for more information

5. Adult Support and Protection (Scotland) Act 2007: http://www.legislation.gov.uk/asp/2007/10/contents

6. Adults with Incapacity (Scotland) Act 2000: http://www.legislation.gov.uk/asp/2000/4/contents

7. Mental Health (Care and Treatment) (Scotland) Act 2003: http://www.legislation.gov.uk/asp/2003/13/contents

8. MARACs (Multi-agency risk assessment conferences) place women and children at the centre of any response and the risk assessment tools ( SPECCSSS+/ CAADA dash) can be used to identify and support women at risk of further domestic abuse/honour based violence.

9. In schools this would be the designated person dealing with child protection

10. The National Guidance for Child Protection in Scotland 2010 which sets a national framework to help shape local practices and procedures in child protection.

11. Adult Support and Protection (Scotland) Act 2007 Code of Practice for local authorities and practitioners exercising functions under Part 1 of the ASP Act.

12. A Partnership Approach to Tackling Violence Against Women in Scotland: Guidance for Multi-Agency Partnerships, Scottish Government, 2010

13. CEL 41 (2008) instructs Health Boards to implement an HR policy on gender based violence

14. As well as ensuring confidentiality it is important to ensure that the victim's security is safeguarded, e.g. they are not left waiting in public places where they could be seen by family members or acquaintances.

15. There is scope for MARAC's (Multi Agency Risk Assessment conferences) currently used in the risk management of domestic abuse situations to be adapted and take account of cases of forced marriage. The Domestic Abuse, Stalking and Harassment and Honour Based Violence ( DASH, 2009) is already in use across England, Wales and Northern Ireland and in some areas of Scotland. See here for details:


16. Forced Marriage and Learning Disabilities - Multi-Agency Guidelines Forced Marriage Unit, (2010)

17. Information on Appropriate Adults is available here: http://www.scotland.gov.uk/Topics/Justice/law/victims-witnesses/Appropriate-Adult.

18. The SIAA's leaflet, " The SIAA Guide to Independent Advocacy for Service Providers" provides a short and accessible overview of the role of the independent advocate

19. http://www.scotland.gov.uk /Topics/People/Young-People/gettingitright/publications/practice-briefings

20. The Children's Hearings (Scotland) Act 2011: www.legislation.gov.uk/asp/2011/1/contents introduces significant changes to the Children's Hearings System and the protection available. Its powers are being commenced over the coming months. Further information on the Act and the is available and the changes it introduces is available here: http://www.scotland.gov.uk/Topics/People/Young-People/c-h-bill

21. Local protocols and procedures relating to child and adult protection and domestic abuse should be referred to, to determine who should be involved in these discussions.

22. Further resources including the booklet - Harmful Traditional Practices -What health workers need to know about gender-based violence is available here: http://www.gbv.scot.nhs.uk/index.php/resources

23. This means theft of a child

24. Safer Lives, Changed Lives: a shared approach to tackling violence against women in Scotland, Scottish Government, 2009 www.scotland.gov.uk/Publications/2009/06/02153519/0

25. United Nations definition: http://www.un.org/womenwatch/daw/cedaw/recommendations/recomm.htm#recom19

26. The National Strategy to Address Domestic Abuse in Scotland (2000) www.scotland.gov.uk/Resource/Doc/158940/0043185.pdf

27. In partnership challenging domestic abuse: www.acpos.police.uk/Documents/Policies/CRIME%20-%20ACPOS%20COPFS%20Domestic%20Abuse.pdf

28. Scottish Government's National Guidance for Child Protection in Scotland (2010): http://scotland.gov.uk/Publications/2010/12/09134441/0

29. The Adult Support and Protection (Scotland) Act 2007: http://www.legislation.gov.uk/asp/2007/10/contents